RIGHT TO BAIL ON BAILABLE CASES

K.ABIRAMI

BAIL: MEANING

Bail is security for appearance of the prisoners

for his release
Whartons law lexicon: to set at liberty a person
arrested or prisoned on security being taken for
his appearance on a day at certain place which
security is called as bail.
Blacks law dictionary: it stands for procuring
release of one charged with an offence by
insuring his future attendance in court and
compelling him to remain with in the jurisdiction
of court.

HISTORY

During the mogul rule the Indian legal system is

recorded to have an institution of bail.
The use of this system finds reference in the 17 th
century travelogue of Italian traveler MANUCCI
After the advent of British rule in India the criminal
courts were using two forms of bail
muchalka- Release could be affected on declaration
in writing. Which was an penal bond generally taken
from inferiors by an act of compulsion.
Zamanat- surety became answerable for the accused
on the basis of written deed.

CONTD

Under the doctrine of tazeer, courts are vested with the

discretionary power of granting bail.

However the form and contents of the British institution

of bail were statutorily transposed by passing of criminal
procedure code 1861, followed by its re enactment in
1872 and 1898.

SEC 436

A person arrested in connection with bailable offence has

right to bail
Right to bail is an absolute and indefeasible right.
Proviso to sec 436 provides that if the accused is
indigent and is unable to furnish surety he shall be
released on his executing personal bond.
if the person fails to comply with the condition the bail
may be cancelled.

BAIL: SECURITY FOR APPERANCE

Bailable offences have been defined u/s 2(a) of cr.p.c.

bail in its fundamental concept is a security for the
prisoners appetence to answer the charge at a
specified time and place.
The release on bail does not change the reality and
from that fact alone, it cannot be said that he is not a
person arrested for an offence.
A person released on bail is still considered to be
detained in the constructive custody of the court
through his surety. An order for bail application does
not finally determine the guilt or innocence of the
accused of an offence.

CONTD

In Husain ra khatoon v. home secretary state of bihar

The supreme court held that a accused can be released on
personal bond without sureties if the following factors are
satisfied

Length of his residence in the community

Employment status
Reputation , character and monetary condition
Prior criminal records
Nature of offences and other factors indicating the ties of the
accused to the community bearing on the risk and willful
failure to appear.

CONDITIONS FOR BAIL

The person has been accused of bailable offences.

The person has been arrested without warrant by an
officer in charge of police station.

The accused is prepared to give bail.

CIRCUMSTANCES IN WHICH RELEASE

ON BAIL IS MANDATORY

Where the arrestee is accused of the bailable offence

Where the investigation is not completed within the time
prescribed
where the trial before the magistrate not concluded with
in 60 days
Where no reasonable grounds exist for believing the
accused guilty after conclusion of trial but before
judgment.

CANCELLATION OF BAIL

MONIT MALHORA V, STATE OF ORISSA

the magistrate has power to cancel bail, deciding
factor being whether the accused by his behavior and
conduct forfeited the concession shown to him.

TALAB HAJI HUSSAIN V. MADHUKAR

SC held that inherent powers of the HC ( sec 561 )
has to be exercises sparingly carefully with cautioned
only such exercise is justified.
it also held that once the bail was cancelled u/s 496
the accused cannot demand bail again as a right.

CONCLUSION AND SUGGESTION

Bail is a right and refusal is an exception . However

the courts can impose condition while granting bail
but such condition must be reasonable.
Cr p c gives only the outline of the provision of bail
but most of the work is done by the courts
themselves. The judicial principle laid down by the
higher judiciary should be incorporated in the
provisions relating bail.
There is no statutory limit fixed on the amount of bail
bond or number of sureties the entire matter has been
lost to the discretionary of the court.